Resolution 354 major renovation. Recalculation of utility bills according to the law

Managing the sphere of housing and communal services is a rather complex undertaking, especially when it comes to ensuring normal conditions for the population. The extensive legislative framework that is typical for this area undergoes regular changes, is improved and updated.
Today we will talk about the main document that regulates the relationship between consumers and utilities - Resolution 354 and its main provisions.

Utilities sector: legislative regulation

The fundamental document that regulates the relationship between utilities and consumers is government decree number 307, which came into force in 2006. Official name: “Rules for the provision of public services to citizens.” This document was repeatedly amended and supplemented until 2011. At this time, another government decree appears, number 354, according to which the previous document loses force, except for its individual provisions. Articles 15-28 inclusive remain unamended. They, in particular, deal with the supply and payment of resources such as water, electricity, etc.

In 2014, this resolution again undergoes significant changes and is already being published in a new edition. This regulates the procedure for providing utility services to consumers. The amended resolution provides for the loss of force of the above provisions from the beginning of July 2016.

Changes that affected the Rules in 2015

First of all, changes in legislation affected citizens who owned housing where special communal and individual metering devices were not installed. According to the new Rules, if there is no documentary evidence regarding the impossibility of installing metering devices, payment for consumed resources will be made differently. The decision is made on the basis of a document from the commission that took part in the study of these possibilities.

We are talking about using a multiplying factor. In the first half of the year this figure was 1.1. In the second half of the year it reached 1.2. It is predicted that in 2017 the figure will be 1.6. This indicator will be taken as the starting point for further calculations.
In addition, the changes affected organizations that supply water to the population. Starting from the second half of the year, they are charged with monitoring the parameters of the resource provided. When performing this task, organizations should take water samples that will be examined in laboratory conditions and record the results in a special journal. All interested persons, as well as other organizations, have the right to receive extracts from such a document.

About the general provisions of the Rules

The document discussed in this article is quite extensive, as it consists of a large number of important sections.
The first of them provides general provisions.

Despite the general nature of the narrative, everyone should familiarize themselves with it, since it reveals the intended purpose of the rules set forth - regulating relations between utility service providers and their consumers.

It sets out in detail the procedure for calculating/payment for services provided, taking into account instrument readings and without them, and explains the terms frequently used in the document, without understanding which it is quite difficult to correctly interpret the essence of the rules. In addition, the procedure for drawing up contracts for the provision of services, their payment and possible changes is stipulated, and a detailed description of the rights and obligations of consumers and service providers is given.

Affects the document and the responsibility of the parties in case of failure to fulfill the obligations specified in the contract.

Service consumer, his rights and obligations

The consumer's responsibilities include:

• careful use of utilities provided in the apartment;
• ensuring timely access of utility service employees to facilities, including metering devices, to carry out inspections and take readings.

A separate clause stipulates the consumer’s obligation to immediately notify and admit specialized services in the event of an accident or any malfunctions related to the state of apartment or general building communications. Timely payment for utilities, notification of an increase/decrease in the number of residents living in the apartment are also included in this list.

Receiving services of appropriate quality is considered a fundamental consumer right.

The latter can always count on receiving clarification from public utilities regarding the quality and payment of services, as well as the use of mandatory metering devices.

As for the quality of the services provided, an entire section is devoted to this aspect in the resolution, designed as an appendix number 1.

Here you can find:

• with possible technical parameters of hot and cold water;
• with permissible coolant temperature standards in the heating system;
• with established pressure parameters in the water and gas supply and heating systems;
• with the quality indicators of supplied energy resources and the duration of their supply.

Service provider, his rights and obligations

The fourth section of the Rules is devoted to this aspect. We recommend that you read it carefully.

It is clearly stated here:

• the service provider must fulfill its duties in full and in the quality established by law;
• all incoming claims, complaints, and consumer demands must be recorded in a special journal, after which measures must be taken to eliminate them. A written report of the results is sent to the applicant according to the stipulated deadlines.

Among other responsibilities, recalculation is also prescribed at the request of the consumer, concluding agreements with energy suppliers, timely notification of termination of supply of services, etc.

The unconditional right of public utilities is to demand payment for services provided and to charge penalties for late payments.

Procedure for calculation and payment of utilities

The billing period for making payment should not exceed one calendar month. The amount of monthly payments is set according to the tariffs of service providers. This takes into account local conditions, as well as existing premiums relative to tariffs developed at the state level. Payment receipts must differentiate between services provided for housing and for general household needs. A separate section is provided for calculations and rules for their implementation.

Cases of their application are discussed in detail here:

• according to meter readings/in case of their absence;
• provided that housing is partially equipped with meters.

Appendix No. 2 provides formulas for making calculations. In addition, payment terms are specified, which fall on the 10th day of the month following the billing month. When paying using the contractor's payment receipts - before the beginning of the month. Other deadlines can be established exclusively in cases where this is provided for in the contract.

Disputes between suppliers and consumers of utility services: settlement

Often controversial issues arise in this case:

• due to incorrect calculation of utility bills;
• failure to fulfill the direct duties of public utility employees or to carry them out incompletely. We are talking about eliminating the causes of problems in the subordinate farm.

In accordance with the Rules, in these cases, the consumer should contact directly the office of the service provider, where they will write a corresponding statement. A report on the measures taken is provided to the applicant in writing.

In case of inaction of utility services, the consumer has the right to file a complaint with the consumer protection society, the prosecutor's office, or a higher authority.

You can find the full information on our website.

The rules for the provision of public services have undergone both quantitative and qualitative changes. In general, two facts can be noted: a slight increase in tariffs and a sharp increase in consumer responsibility for paying for utilities. I would like to hope that clearer wording of the Resolution regarding recalculations in the event of a deterioration in the quality of services will make the work of utilities more efficient.

Utility resources according to the Decree

The rules for providing a list of services for the provision of water, electricity and gas supply are reflected in Government Resolution No. 354. This document was adopted in 2011, and the last edition was in 2017. With the help of a legal act, relations between the owners of houses, apartments, and other residential premises and executors are regulated.

The performers in this case are enterprises and organizations that provide utility services to the consumer. Consumers are home owners, citizens who own apartments in apartment buildings. With the help of an agreement, they establish the basic principles of relationships under different conditions.

The main provisions of the Resolution are as follows:

• the rights and obligations of each homeowner and executor;
• mechanism for monitoring the quality of services provided;
• a method for determining fees for utility services both when using metering devices and in their absence;
• the principle of recalculating fees for different types of utilities in the absence of citizens in the premises;
• recalculation methods in the event that the service is not provided in full or of inadequate quality, or intermittently;
• regulate the onset of liability for both parties.

In this case, concepts such as “performer”, “in-house metering device”, “utilities” are used. I would like to dwell on the latter in more detail.

Utilities are defined as “residential friendly.” This does not mean that they will be delivered to all consumers. There are houses that are not connected to gas, water or sewer systems.

But the services provided must be of the same quality, which comply with SanPiN (sanitary rules and regulations). Citizens pay for the quality of the resource provided, as well as for its compliance with standards. For example, the temperature of hot water in the tap must be certain.

Let's list the utility resources:

• hot water;
• the water is cold;
• electricity;
• thermal energy;
• hot water in systems;
• bottled gas;
• solid fuel when used in an apartment building.

Utilities are provided to citizens from the moment they take ownership or from the day they sign a rental or lease agreement.

The list of utilities corresponds to the degree of improvement of the house, but regardless of their quantity, they are supplied around the clock or during certain periods. The quality of the services provided must meet the requirements.

Agreement

An agreement is concluded between the contractor and the consumer, which contains the following provisions:

• date and place;
• address and details of the performer;
• from the consumer: full name, date of birth, passport details, phone number;
• the address of the premises where utilities are provided, the number of persons registered there;
• name of utilities;
• requirements for their quality;
• method for determining the standard with and without metering devices;
• information about the availability of metering devices, the date and place of their installation, the timing of inspections, the procedure for receiving meter readings;
• the amount of utility fees;
• method of sending a document for payment of utility bills;
• the procedure for reducing fees in the event of a discrepancy between the quality or volume of the service provided as stated in the contract or approved by SanPiN;
• the rights of the contractor regarding the quality and quantity of services and his responsibilities;
• the grounds on which utility services can be suspended, as well as the validity of the contract;
• terms of the contract.

Failure to pay utility bills, collection of debt in court, as well as temporary suspension of the supply of basic resources cannot be grounds for termination of the contract.

It can be terminated only on the grounds provided for by the Civil and Housing Codes.

Changes to the Decree in 2017

The document has changed since its last revision, both in substance and in scope. The number of texts in the act has almost doubled. This happened because new concepts appeared, such as “common household needs” and so on. It has become possible to directly pay a fee to the resource supply organization if there is a decision of the general meeting of the apartment building.

Very important: the terms for non-payment of utility bills have been significantly reduced. Another innovation: the law has finally fixed the right to install metering devices. In terms of general house needs, a scheme for revising wastewater disposal coefficients has become possible. Residential heating tariffs have been adjusted.

The new edition systematizes recalculations for electricity and other resources in cases where the service is temporarily suspended. Such services cannot include heating services. If payments are in arrears, the organization may suspend the provision of any services to the homeowner, except heating.

By reducing the terms of the debt and regulating the rules for payment thereof, the executor has more leverage to collect the debt as early as possible. When the supply of resources is resumed and seals are removed from metering devices, all this work is carried out at the expense of the debtor.

From the beginning of 2017, the number of ODN will be calculated using not a common house meter, but according to the standard. This means that the amount accrued for an apartment building should not be higher than the standard that was calculated specifically for this building. Since all resources consumed in excess of this norm fall on the shoulders of public utilities. And they, in turn, must ensure that neither the owners nor legal entities renting premises steal resources.

If the consumer of the service, that is, the owner of the residential premises, does not receive the service in full, he has the right to demand a recalculation. This can apply to both qualitative and quantitative indicators. There are certain standards that must be observed by housing and communal services. Such conditions must be provided for in the contract.

Gas service inspections

Fines will be imposed on those owners of residential premises who do not allow gas workers to carry out inspections. This increased attention to gas service workers arose due to a series of explosions in residential buildings. All these sad events happened due to untimely troubleshooting. After this, anyone who acts irresponsibly in this situation will face a fine.

One of the main reasons for explosions and problems for gas workers has been named - the inability to enter the territory of a residential premises to check the serviceability of gas equipment.

The fine for non-admission for the first time will range from 1,000 to 2,000 rubles. The culprit will pay a fine for a gas equipment accident of 10,000 - 30,000 rubles. And if the consumer refuses to conclude an agreement with gas workers, he will pay from 1,000 to 2,000 rubles.

The other party may also pay in rubles for negligence. In the absence of inspections or recommendations for replacing gas equipment in the event of identified breakdowns, gas services face a fine. Officials will pay from 5,000 to 20,000 rubles, organizations - from 40 to 100 thousand rubles.

Video about the rules for providing utility services

The rules for the provision of utility services and calculation methods have changed significantly with the adoption of the latest edition of the Government Resolution. They have become clearer and more transparent. Both parties can make legitimate claims based on a specific document.

Every citizen is interested in what rule for calculating the cost of utility services is in effect now. Therefore, paragraph Art. 354 can reveal important questions and provide answers as prescribed by law.

Decree 354 as last amended 2016,

Regulations from the Russian government on public utilities were created in June 2011. After this, the law required amendments, so every year in April, March, July, May, mid-June and other months a new draft was introduced with changes. Russian law for this period is in force according to the latest amendments. It is worth examining this law before considering amendments.

Federal law in resolution 354 contains the following sections:

• Providing services that the user and owner of the premises will receive;
• The condition and main order of how the service is provided;
• Metering devices and fee calculation;
• Recalculation and accrual for heating, electricity, water;
• Question about cancellation of services;
• An application containing calculation rules, as well as the formula and tariff standard;
• Changes made to the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. As of December 2015, it was necessary to approve amendments that will come into force in 2016. The federation also made changes to the government’s vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. for different types of services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. The new edition of the law of the Russian Federation contains consumption standards and fees for them. For example, the document explains when the power of payment for a utility package begins. Entry into force begins at the moment ownership rights arise, from the day the lease for the premises is concluded, from the day of renting and entry into the apartment building. Judicial practice confirms the guarantor of compliance with Resolution 354 throughout the entire territory of the Russian Federation, including the Moscow region, Kirov and Perm.

For heating

This section describes the general house needs for providing heating to citizens. This paragraph explains in examples how much, according to the rules, the duration of heating should be charged based on time and temperature in the apartment. Temperature and heat are regulated according to approved standards, and the amount of payment for heating is calculated.

For electricity

This subparagraph defines the procedure for the supply and distribution of electricity. voltage standards, the period that is possible due to a temporary lack of energy, line checking and energy saving are indicated. During the year there is a limit on the time of absence. The edition contains requirements for line voltage according to GOST.

General house needs, Resolution 354: to pay or not to pay?

Many people ask whether they need to pay or not pay the general house bill. The Housing Code provides that costs for water supply and other services for general house needs will be included evenly in each individual receipt. This payment is important in relation to the provision of utility services, so everyone pays receipts.

Recalculation for heating using a common house meter according to Resolution 354, calculation formula

The contractor issues an invoice for electricity or hot water on the day the meter receipt is issued. Recalculation for cold water is carried out according to the formula where the volume for non-residential premises, the volume for individual apartments, the volume of hot water and the volume of water supply costs are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of ​​the apartment divided by the area of ​​all apartments. Today you can download a free application that contains order 354, where there is a calculation form, adjustments and comments.

The rules for the provision of utility services are strictly regulated by the state legislation of the Russian Federation. The list of guidelines governing the process includes both federal legislation and local legal acts and official regulations. A citizen who has legal information can defend his legal rights as a consumer in every instance. One of the basic rules will be the tenant’s compliance with his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no complaints against him.

Payment for utilities makes up a significant part of the average citizen’s funds, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount in the utility bill if required. All rules for the provision of public services to citizens will be discussed below.

The list of public utilities is determined directly by state legislation, or more precisely, by the Government of the Russian Federation, the definition of which is valid throughout the entire territory of Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines time intervals for carrying out repair work, and also takes into account unforeseen emergency situations. In these cases, time limits are provided for repairs and elimination of the accident.

When public utilities provide poor quality services throughout the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file a formal claim or complaint against unscrupulous “utility providers.” This is stated in the law on the protection of the rights of consumers of housing and communal services.

The range of provision of utility services directly depends on the comfort and provision of certain utility networks of a particular residential building.

In the event that the house does not have some utilities, then no fee will be charged for them. Consequently, the cost of its maintenance will be lower due to the absence of a corresponding deduction point.

PP number 354 on the provision of public services, adopted in 2011, is the main legislative act that regulates all activities of housing and communal services. This document is edited quite often, and, therefore, the newest rules for the provision of utility services, that is, their latest edition, will be relevant.

This resolution is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of utility services and the actions of cash settlement centers in the field of charging for services.

The latest edition of the Russian government resolution has clarified the description of non-residential premises. To specify the status of the premises and payment for the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing companies regarding the maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree now the utility company is obliged to check the installed metering devices. That is, after the consumer’s application, the utility service must take meter readings within ten days and check its serviceability. Previously, legislation provided for checking meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When utility service employees, for any reason, do not have access to private metering devices, then payment will be calculated based on the number of registered residents in this particular premises.

According to Chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which resulted in overpayment for services provided, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules by which payments for utility services must be made are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for utility services provided to him. However, in addition to the obligation, every citizen is also entitled to check the validity of the charges. The quality of the services provided and their compliance with standards are also taken into account. If the management company inflates tariffs and performs its obligations poorly, residents have the right to change it to another by terminating and re-issuing the contract.

• service directly to the house itself;
• major renovation of the building;
• keeping the yard clean;
• elevator maintenance;
• keeping common rooms, stairs and elevators clean;
• waste removal and maintenance of general communications.

All figures included in the “fat” are calculated by the service office specialists on a monthly basis. There are many points included in the rent, for which they must be justified and correspond to the tariff units valid for the current date.

• private;
• common house

If the tenant has some benefits for paying for utilities, then the category of benefits and the reasons for the tariff reduction must be indicated.

Clause 54 of the new Rules stipulates the calculation of fees for heating and hot water supply services, if the contractor wishes to make the calculation independently.

When drawing up an agreement for the provision of utility services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up an agreement for the supply of services is paragraph 124 of the Rules.

• declare in writing your desire to enter into contractual obligations for the provision of services and attach all the required documents;
• obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
• draw up an additional agreement on the absence of claims and the elimination of disagreements;
• endorse a contract for the provision of services.

As for the contract itself, it must necessarily indicate the tariffs for the services provided. In addition, liability is provided for both the party providing the service for poor quality of its provision, and the consumer for violating the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft contract to the consumer within 20 days from the date of commencement of the provision of these same services.

The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To execute the described contract, the service provider must submit the following package of mandatory documents:

If there are inaccuracies in the documentation provided or an incomplete package of papers is provided, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in Chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planning repairs, accidents or other disruptions in the supply of services, the company must notify residents by means of an announcement in specially designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in such a way as consumer protection.

In case of provision of services of unsatisfactory quality, the user has the right to record his complaints in the book of complaints and suggestions. The latter, in turn, must be available to every service provider.

Upon receipt of a complaint, not only must appropriate measures be taken by the company's managers, but also a written response about this must be issued within a period of three working days. This is stated in Art. 31 of current legislation.

Basic rights and obligations of the consumer, articles 33, 34:

According to Article 35, the tenant does not have the legal right to perform actions prohibited to him; the state provides for heavy fines for this.

According to Article 309 of the Civil Code of Russia, all obligations must be fulfilled properly in accordance with contractual terms and current legislation. The parties do not have the right to individually change the terms of the contract, as well as not to fulfill their obligations.

For a one-time failure to pay the amount, according to Resolution 354, amended from January 1, 2017 as amended, the legislation does not provide for any liability.

Previously, failure to pay on time could result in fines and penalties. Today, this punishment is provided if a citizen is late with payment by more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which resulted in a delay in the payment of wages to citizens.

However, in parallel, sanctions were tightened for those citizens who deliberately do not pay for utility services.

Until the beginning of 2017, the penalty rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment for 91 days or more.

However, the government does not stop at the amount of penalties for willful defaulters, since bona fide residents suffer through their fault. In the future, the amount of the penalty is planned to increase.

The housing user should know the following about the procedure for providing utility services.

The main responsibility for non-payment of utility bills lies directly with the apartment owner himself, as opposed to the users of municipal housing.

Utility rules are for the homeowner to pay bills on time.

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the impending consequences and penalties.
3. Suspend the provision of services.
4. Initiate legal proceedings to collect outstanding payments.

The last method is the most inconvenient and costly for both parties, therefore, whenever possible, utility services try to resolve the issue peacefully.

As for the debt itself, during the process due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of the utilities, they will be required to repay the debt in full.

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also the contractor). The possibility of recalculation for the absence of such is guaranteed, a temporary restriction of access can be approved, etc. - the Housing Code regulates the process more specifically.

According to established standards 354 of the Government of the Russian Federation (regulates relations along with housing complexes), each citizen is given the opportunity and right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to all questions of interest to owners and simply users of premises/buildings (apartment buildings). The legal guarantor is the state itself, regardless of the city/region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). Just like other legislative acts, it requires the introduction of amendments that are relevant today (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (can be introduced/planned for both January and May).

The new version of the law (latest changes) came into force at the beginning of January of this year (they were introduced at the very end of last 2015).

General household needs - to pay or not to pay according to Resolution 354

According to the latest changes, general house electricity needs are also affected by Government Decree No. 354 (clause 44). Now:

The coefficients of drainage standards have been revised (recalculation is being carried out);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (reduction by approximately 10-15%);
measures are being taken to stimulate organizations/enterprises (housing and communal services) providing various types of services (utilities) that are relevant for users of houses (apartment buildings), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners/users of premises (residential). The new edition clarifies when charges begin for the full package or a separate part of it for utility services. The latest changes clarify: the force of calculation begins to operate from the moment of entry into any premises or apartment building.

Calculation of the amount of payment for utility services - Resolution 354

354 Federal Law of the Government of the Russian Federation regulates the procedure for the distribution of accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to provide meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we look in more detail at Federal Law 354 of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises/apartment buildings are planned to be reduced (the size of the discount depends on the region). In the current version (latest changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current edition, latest changes) includes a special appendix, which describes in detail recommendations on calculation standards (the formula for adjusting data (clause 44, paragraph 2), rules and regulations has been replaced). Measures to control use/consumption have been tightened, and the current version provides special instructions regarding the installation of counting equipment (meters).

Decree 354 as last amended 2016 on public services

You can get acquainted with the current text upon request “354 Resolution of the Government of the Russian Federation on the recalculation/calculation of payments for services (utilities) for citizens” on our resource (website) or download in a convenient online mode and completely free of charge